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2021 (2) TMI 745 - KARNATAKA HIGH COURTDishonor of Cheque - insufficiency of funds - acquittal of the accused - HELD THAT:- In the constructive imputation, notice to be considered as they are in the same cluster of management of the company. Accused No.3 is the authorized signatory to cheque. In the second notice issued address, names are there but notice is addressed to accused No.3. In the light of first presentation due knowledge of impugned notice have thereunder the impact and hyper technicality cannot be allowed to veto the regular process of law. In the context and circumstances There is no lacunae in presentation of the cheque. Another point that was submitted by learned counsel Sri.Chokka Reddy for respondents is that there is an agreement not to take action for first two years on the face of it which defence neither was raised nor could be accepted to exonerate the accused. Learned counsel for appellant submits the complainant is not affluent and it is very difficult for him to tolerate the financial burden. The cheque admittedly is issued in respect of existing legally recoverable debt and there was mandatory obligation and accused had issued the cheques in discharge of the obligation and that came to be dishonoured and tried to raise hyper technical issues against the substantive rights which cannot be accepted and on the other hand for the reasons morefully stated above It is found that the accused has committed offence punishable under Section 138 of the Negotiable Instruments Act and is liable to face punishment. In the process Judgment passed by the learned trial Judge is liable to be set aside. Accused is convicted for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to pay a fine of ₹ 2,00,000/-. Out of which complainant be given compensation of ₹ 1,90,000/- payable by the accused and ₹ 10,000/- is ordered to be adjusted to the State Exchequer - appeal allowed.
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